Tag Archives: disability pension

Illinois Firefighter Ineligible For Non-Duty Disability Pension

The Illinois Court of Appeals has concluded that a firefighter was ineligible for a non-duty related disability pension despite putting in the required years of service, because he began working for a different department. Michael Wessell filed suit against the Wilmette Firefighters' Pension Fund after the Fund’s board declined his request for a non-duty disability pension.

Fire Law Roundup for September 18, 2023

In this episode of Fire Law Roundup for September 18, 2023, attorney Bill Podszus and Curt discuss a wrongful termination suit filed by the former fire chief in Kalamazoo, Michigan; a suit filed by the union president for the Mountain ...

Minnesota Two-Hatter Prevails in Disability Claim

When a firefighter works full-time for one department, and part-time for a second department, can the full-time department be financially responsible if the firefighter suffers a career ending injury while operating at a fire where both departments respond, even though she responded with the part-time department?

Appellate Court Upholds Denial of NJ Firefighter’s Disability Pension

The Appellate Division of New Jersey Superior Court has upheld the denial of an “accidental disability pension” to a firefighter because his injury was not the result of “an undesigned or unexpected traumatic event.” Firefighter EMT John Karolinski suffered a rotator cuff injury on an EMS run.

Fire Law Roundup for April 24, 2023

In this episode of Fire Law Roundup for April 24, 2023, Brad and Curt discuss a suit seeking to block a decision to resume EMS transports by the Lockport (NY) Fire Department; a lawsuit naming three former Memphis firefighters accused ...

$25k Settlement in NY Disability Suit

The city of Tonawanda has agreed to settle the claims of a female firefighter relative to her eligibility for disability benefits and her wrongful termination. Amy Newman was firefighter with the Tonawanda Fire Department. She suffered a shoulder injury in 2018.

Appellate Court Orders Reinstatement of Disabled Firefighter’s Pension

An Illinois appellate court has ruled that a firefighter who injured his back moving bottled water in the firehouse, is entitled to receive a line-of-duty disability pension. That ruling reverses a decision by the Circuit Court of Du Page County that said that Roselle firefighter Ryan Case was ineligible for such a pension because he failed to disclose pre-existing back problems when hired and because moving bottled water was not an “act of duty.”

Suit Alleges City Discriminated When it Denied Lieutenant an Accidental Disability Pension

An EMS lieutenant with the Providence Fire Department who was awarded $889,842 in 2016 over sexual harassment and retaliation claims, has filed suit against the city again claiming the decision by the City Retirement Board to deny her request for accidental disability benefits constitutes illegal discrimination.

Illinois Appellate Court Concludes Firefighting Exacerbated Combat Vet’s PTDS

An Illinois firefighter who developed a severe case of PTSD while serving a combat tour in Afghanistan, has been awarded a disability pension by the Illinois Court of Appeals who concluded that firefighting exacerbated his pre-existing condition.

Denial of Disability Pension Reversed Due to Bias By Pension Board Members

An Illinois firefighter who claims she was sexually harassed to the point she became disabled, has prevailed in the appeal of the denial of her disability pension because three of the five pension board members participated in the harassment. Sugar Grove Fire Protection District lieutenant Sara Naden claims she was forced off the job in March, 2014

FDNY Sued for $3 Million By Disabled Firefighter

An FDNY firefighter who was hurt off-duty, reinjured a year later on the job, then arrested, denied a disability pension, and terminated, is suing the city and FDNY for $3 million for violating his civil rights. Daniel Braun filed suit last month alleging that his 4th and 14th Amendment rights were violated.

Court Rules Disabled Missouri Firefighter Entitled to Reduced Benefits

A Jasper County Circuit Court has ruled that a disabled Missouri firefighter is entitled to a pension that is only one-third of his pre-injury income. Joplin firefighter Tom Robertson was forced to leave the fire department in January 2011 due to a work-related lung problem.

RI Supreme Court Reverses Denial Of Disability Pension

The Rhode Island Supreme Court has reversed a decision by the City of Providence’s Retirement Board that denied a disability pension to Rescue Captain Michael Morse. Mike, who is a well known author and blogger, injured his back in 2012 while lifting a patient.

Pension for Disabled NY Firefighter Restored by Appellate Court

A disabled New York firefighter has successfully prevailed in challenging his former city’s attempt to cut his disability payments. Mount Vernon firefighter Michael Masullo was permanently disabled in 2000, and granted a disability pension in 2004. In 2009, the city demanded he apply for any further benefits.

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